DILG: Hiring of PB personnel is duty of vice governor

CEBU, Philippines - The governor has nothing to do with the appointments of personnel under the Sangguniang Panlalawigan (SP) because it is the vice governor, being the presiding officer of the legislative body, is empowered to appoint their employees.

This was clarified yesterday by Department of Interior and Local Government (DILG) 7 legal officer Danilo Almendras amid the ongoing conflict between Cebu Gov. Gwendolyn Garcia and Vice Gov. Gregorio Sanchez Jr. on who has the power to appoint SP employees.

Garcia had threatened to sue Sanchez for usurpation of authority if Sanchez will pursue his plan to rehire casuals and order the provincial treasurer’s office to release the legislative assistance fund (LAF).

Sanchez, meanwhile, is not afraid of the governor’s threat to charge him of usurpation of authority, claiming that the law provides that he has the right to appoint casuals and to order the release of the LAF.The governor’s stand was in line with the arguments of Cebu Provincial Attorney Marino Martinquilla, who cited provisions of the Local Government Code stating that as governor and chief executive of the province, Garcia shall exercise general supervision and control over all programs, projects, services and activities of the provincial government.

But the DILG legal officer said the issue was already resolved by the Supreme Court in a similar case between the former governor and vice governor of Occidental Mindoro, wherein the High Tribunal ruled in favor of the vice governor.

“The authority to appoint casual and job order employees of the Sangguniang Panlalawigan belongs to the vice-governor,” the SC’s ruling reads. The High Court’s ruling is anchored on the fact that the salaries of the employees are derived from the appropriation specifically for the said local legislative body.

However, Supreme Court ruled differently for employees who are getting their salaries from funds not appropriated to the Sangguniang Panlalawigan.

If the salary of an employee or official is charged against the provincial funds, even if the employee reports to the vice-governor or assigned to his office, the governor retains the authority to appoint the said employees pursuant to the provisions of Section 465 (b) and (v) of the Local Government Code.(FREEMAN NEWS)